Scarbrough v. Rowan
Supreme Court of Alabama
Appeal from the circuit court of Calhoun. Tried before the Hon. John Pelham. This action was brought by the appellee, Peyton R.. Rowan, against the appellant, Eba Scarbrough, 'and. sought to recover damages for the alleged conversion of three bales of lint cotton. The complaint is set out -in extenso in the opinion.
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Appeal from the circuit court of Calhoun. Tried before the Hon. John Pelham. This action was brought by the appellee, Peyton R.. Rowan, against the appellant, Eba Scarbrough, 'and. sought to recover damages for the alleged conversion of three bales of lint cotton. The complaint is set out -in extenso in the opinion. The-facts were undisputed and show that one Wilson was-the tenant of one Mrs. S. L. Cook; that Mrs. Cook transferred the rent note of Wilson to plaintiff before maturity; that the tenant Wilson sold the cotton involved in the controversy to the defendant, and that at the time-of…
1Opinion of the Court
McCLELLAN, C. J
This action is by Rowan v. Scarbrough. The complaint is as follows: “The plaintiff claims of the defendant seventy-two 'and 60-100 dollars due for the conversion by him of one. bale of lint cotton weighing 510 pounds, on the 22d day of October, 1897, and of two bales of lint cotton weighing 473 pounds each, on the 18th day of November, 1897. The plaintiff avers that one H. G. Wilson was the tenant of S. L. Oook during the year 1897, and said Cook assigned to plaintiff for said year her lien as landlord for rent. And plaintiff avers that the said above described cotton was grown…
2Cases cited2 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- McCarty v. Roswald & Co.Supreme Court of Alabama · 1894
3Cited by1 opinion
- Linam v. JonesSupreme Court of Alabama · 1901